Think Freely Media presents Common Sense with Paul Jacob

Should courts be outlawed from thwarting outlaws?

The Environmental Protection Agency has acted to unilaterally ban a pesticide in use for decades. Writing for the Cato Institute’s blog, Ilya Shapiro notes that the agency’s move exemplifies “a growing trend among federal agencies and courts to incrementally expand the government’s enforcement power by adopting statutory interpretations that go beyond their plain meaning and intent.”

The pesticide is carbofuran, used to protect crops since 1969. What is the evidence that carbofuran poses a hitherto un-comprehended threat to human well-being? Federal law requires EPA to provide for a “notice and comment” period before altering an established legal threshold for pesticide residues on food. If “material issues of fact” are then raised, the agency must conduct a public evidentiary hearing. National Corn Growers indeed raised “material issues of fact” regarding the alleged hazards of carbofuran. So an evidentiary hearing is mandatory.

The DC Circuit ruled, however, that scientific disagreements are insufficient to trigger judicial review and that decisions about new residue tolerances should be left entirely to the EPA. If upheld, the decision means the agency could determine all by itself whether its regulatory actions are consistent with law. Even when they obviously aren’t.

Along with the National Corn Growers and other industry groups, the Cato Institute and Pacific Legal Foundation are challenging this latest assault on property rights and the rule of law — an assault you might even call a pestilence.

This is Common Sense. I’m Paul Jacob.

By: Redactor


  1. Drik says:

    The assault is not just on property rights. It is the assault on freedom and our republic as judges collude with unelected regulatory appointees to create law and then impose it on America. This is legal, but it sure isn’t constitutional.
    We need nullification and interposition by the states more than ever to address the imperial federal oligarchy’s despotism, for that is what it is.

    Our usurped, ever-expanding government has all of the negatives associated with being run by a monarchy, with none of the benefits.

  2. Jay says:

    I would be willing to bet ( although I usually do not gamble) that THE JUDGE WAS NOT A REAGAN OR BUSH 9 EITHER ONE) APPOINTEE, BUT MOST LIKELY OBAMA.

    I doubt that even Clinton would appoint such a person.

    My 5 cents

  3. janie says:

    I do understand your concern with ‘process’, but here is the real choice for ‘common sense’.
    What you’re not telling here is the rest of the story. Be sure to look at the archives listed on the left side of the screen.

  4. Alex says:

    The Police State marches on!
    The EPA is a totally UnConstitutional agency and should be abolished!

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